NEONBURST – TERMS & CONDITIONS

OVERVIEW

Please read these Terms and Conditions carefully before accessing or using our website.

By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

We are Neonburst and this website is operated by Neonburst Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Neonburst. Neonburst offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

DISCLAMIER / LEGAL NOTICE

The statements contained in this website have not been evaluated by the Food and Drug Administration (FDA).

No statements contained in this website shall be construed as a claim or representation of a diagnosis, treatment, cure, or prevention of any disease.

No product listed in this website is intended to diagnose, treat, cure or prevent any disease.

Products are not intended for those with a medical condition, pregnant or nursing.

The information found on this site is for information purposes only and should not be intended as a substitute for professional medical advice.

You should always consult with a healthcare professional before starting any new diet, exercise or supplementation program.

GENERAL CONDITIONS

The headings used in this agreement are included for ease only and will not limit or otherwise affect these Terms.

You agree not to duplicate, reproduce, copy, sell, resell or exploit any portion of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

We reserve the right to refuse service to anyone for any reason at any time.

INFORMATION ACCURACY, COMPLETENESS AND TIMELINESS

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

We are not responsible if information made available on this site is not accurate, complete or current.

Any reliance on the material on this site is at your own risk. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS

We reserve the right at any time to modify or discontinue the Service or price of product without notice at any time.We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

VAT charged will be in line with the present-day VAT rates at the time of order.

BILLING AND ACCOUNT ACCURACY

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Please see our Returns Policy for more detail.

LIMITATION OF LIABILITY

Our liability to you for breaking any of these Terms and Conditions is limited to refunding any money you’ve already paid for items that you haven’t received or that you’ve returned within the agreed timescales and in the required condition. We won’t be liable for any other loss or damages, unless the loss or damages are caused by our negligence or our breach of these terms and conditions. We do not accept liability for any errors and omissions and reserve the right to change information, prices, offers, specifications and descriptions. We will endeavour to do our best to correct errors and omissions as soon as practicable after we become aware of them. We shall be under no obligation to dispatch an order for products/offers which have been advertised incorrectly but we shall give you the option to either cancel the order or confirm the order at the correct price.

PAYMEMT

We’ll send you an invoice setting out the cost of your purchase we have supplied, together with the total cost of postage and packaging if applicable. We reserve the right to request that we receive payment from you before we supply any products to you.

The seller accepts payment with most debit and credit cards, please see website for more details.

Discount codes offered by Neonburst may be applied to regular priced items and cannot be applied to any other offer or discount. This discount cannot be applied to previous purchases. Neonburst has the right to end or change discounts without notice.

Prices include UK value added tax. If you show by your delivery address that you reside outside the United Kingdom, VAT will be deducted at the payment point.

All charges relating to payment in a currency other than pounds Sterling will be borne by you.

OWNERSHIP AND TITLE

All ownership, title and risk of loss and/or damage in the product you have purchased shall pass to you at the point and time at which such product leaves our premises in Peterborough. All sales are ex-works. This means that the sale is completed in the UK.

DELIVERY

The cost of delivery will be as displayed on this website. An estimated delivery date will be provided at the time the order is placed, you must ensure that someone is present to accept delivery.

The goods may be delivered by the seller in advance of the estimated delivery date.

If the Buyer fails to take delivery of the Goods at their premises, or the parcel is too large to pass through the letterbox, the courier will post a card through the Buyers letterbox informing the Buyer of the failed delivery and details of how to arrange redelivery or collection from a local depot. If the Buyer fails to arrange redelivery or fails to collect the Goods from a delivery depot, the Goods will be returned to the Seller and the Buyer will incur an additional returns shipping cost.

The Seller maintains the right to end the contract with the Buyer at any time if the Buyer refuses to accept deliver of the Goods within a reasonable time. The refusal to accept delivery will be treated as a cancellation of the order and Clause 3.4 above will apply. The Seller will inform the Buyer in writing of the Sellers intention to rescind the Contract. At the option of the Seller, the Seller shall be entitled to require the Buyer to pay to the Seller by way of liquidated damages an amount equivalent to 100% of the total order value, or another amount as agreed by the Seller, for the loss and damage likely to be suffered by the Seller as a result of such breach of agreement on the part of the Buyer

Risk of damage to or loss of the Goods shall pass to the Buyer from the time the Seller delivers the Goods to the delivery address provided by the Buyer or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivered of the Goods.

We may deliver the Goods in instalments if they are not all available at the same time for delivery.

EVENTS BEYOND OUR REASONABLE CONTROL

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control including but not limited to any statutory changes or rulings by any act or customs authority affecting the customs duty payable by you. This condition does not affect your legal rights.

IMPORT DUTY AND VAT

The prices payable for goods as set out in the website are, inclusive of VAT where applicable and shipping/handling costs for UK buyers. For importations of goods into other EU member states, prices are quoted net of import VAT, customs duty and other levies or taxes. As an importer of the goods into these member states, you are solely responsible for all import VAT, customs duty, other levies, tariffs or taxes and these may be payable on delivery of the goods to you.

The Buyer will also be responsible for payment of any duties or tax in connection with shipping the returned Goods back to the United Kingdom. Goods must be received back into the Sellers warehouse in the same condition they were shipped out. Any damaged or non-resalable products will be charged to the Buyer and deducted from the refunded amount.

ONLINE STORE TERMS

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

YOUR ACCOUNT WITH US

You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.

You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.  We reserve the right to refuse you access to our Website.

PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

PROMOTIONS

We regularly offer our customers vouchers and promotions on our website, through email marketing campaigns, affiliate websites and other marketing channels. Voucher codes cannot be redeemed in conjunction with any other offers (eg. sale products) unless stated otherwise within the promotion.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

LINKS TO THIRD PARTIES

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, content, goods, or services of third-parties.

Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

ELECTRONIC COMMUNICATION

When you transact with Neonburst Ltd or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the Neonburst.com website / official social media pages. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your legal rights.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

For full details please see our Privacy & Cookies Policy.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Our liability to you for breaking any of these Terms and Conditions is limited to refunding any money you’ve already paid for items that you haven’t received or that you’ve returned within the agreed timescales and in the required condition. We won’t be liable for any other loss or damages, unless the loss or damages are caused by our negligence or our breach of these terms and conditions. We do not accept liability for any errors and omissions and reserve the right to change information, prices, offers, specifications and descriptions at anytime without notice. We will endeavour to do our best to correct errors and omissions as soon as practicable after we become aware of them. We shall be under no obligation to dispatch an order for products/offers which have been advertised incorrectly but we shall give you the option to either cancel the order or confirm the order at the correct price.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Neonburst Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree to indemnify, defend and hold harmless Neonburst and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

GOVERNING LAW AND JURISDICTION

These Terms & Conditions and all matters connected with any order you place on our website are governed by English law and you agree to submit to the exclusive jurisdiction of the English courts in relation to all matters connected with, or arising out of, the website or any order you place on the website.

All dealings between us in connection with our T&C’s and each purchase shall be carried on in the English language.

You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.

CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

Any changes we make to our privacy and cookies policy in the future take effect immediately.

AGE OF CONSENT

Our Website is intended to be accessed and used only by adults and are not directed to minors. If you are below the age of 18, you may access and participate in our Website only under the supervision of a parent or legal guardian who agrees to be bound by this Privacy Policy and our Terms of Use.

VIDEO REVIEWS

Video reviews submitted to Neonburst must adhere to the Youtube Terms of Service. Please see the link below for more information https://www.youtube.com/terms

SUBSCRIPTIONS

Subscriptions to the website (http://neonburst.com) will always show the prices per month and price per year.

You will be charged an initial payment followed by monthly recurring payments until you wish to cancel. You can cancel anytime by logging into your account and cancelling the membership plan in your profile.

If you need assistance, please contact us within 72 hours of you wishing to cancel to ensure we can update in time.

All subscription payments are non-refundable. This is due to a service being given and access to exclusive content/deals over a period of time. If you cancel, the membership will be active until the date of renewal and all services, exclusive content/deals etc will also be available during this time.

CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to us at info@neonburst.com.

COMPLAINTS

If you’re not satisfied with our response to any complaint or believe our processing of your information does not comply with data protection law, you can make a complaint to the Information Commissioner’s Office (ICO) using the following details:

Address: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF

Telephone number: 0303 123 1113

Website: www.ico.org.uk